In most lawsuits, witnesses are not allowed to offer an opinion. Instead, they can only testify as to what they saw or heard. Expert witnesses are different. As an expert, you can offer an opinion, such as whether a doctor was negligent or whether an automobile part was defective.[1] Experts also explain complicated material to the jury so that they can form their own opinions. In order to become an expert witness, you should analyze whether you have sufficient qualifications in your field.

Steps

Part 1

Meeting the Qualifications

1

Identify common expert witnesses. An expert witness is anyone with expertise in a certain subject matter whose testimony might help the jury understand the evidence and the facts at issue.[2] Many experts are scientists, but not all are. Instead, experts can come from a variety of fields, including:[3]

Human Resources

Real estate and Appraisal

Accounting

Law

Biomedical Science

Underwriting

Software and Electronics

2

Consider whether you would like the work. Expert witnesses must read an extensive amount of court documents and be able to synthesize information from a variety of sources. You also must enjoy speaking in tense situations, such as in court as a witness.[4]

Writing skills are also important. You might need to submit a report to the court, and your writing must be clear.

Principally, you need to be able to explain complicated concepts in a simple manner. Neither jurors nor judges are experts in your field, and they need to understand the issues as well as you do. You should feel comfortable talking and writing without using jargon or acronyms.[5]

Feel free to talk to other experts and ask if they enjoy their work. Ask them what kinds of work they do and their greatest challenge.

3

Talk with a lawyer about necessary credentials. Lawyers are often on the lookout for expert witnesses. If you want to understand whether you have sufficient experience, then you should ask a lawyer.

According to the law, someone can be qualified as an expert witness based on knowledge, skill, experience, training, or education.[6]

However, experts in certain fields will usually have similar credentials. For example, a medical expert probably has a medical degree, medical license, extensive experience in the field, and publications.

4

Decide which side you want to represent. You might prefer to work for plaintiffs or defendants. For example, you might feel strongly about acting as an expert for employees suing for sexual harassment. Or you might be a doctor who wants to act as an expert for other doctors sued for medical malpractice. You should not act as a witness if you feel strongly against your client’s position.

However, regularly act as experts for either side of an issue, depending on the circumstances.[7] For example, a medical expert might testify as an expert for defendants in one case but act as an expert for plaintiffs in another case.

Part 2

Advertising Your Services

1

Keep a list of all published articles. Any lawyer looking to hire you will want to see a list of your published articles. You will also have to present this evidence to the court. Accordingly, go through your papers and write out a list of all articles published.[8]

Organize the list in a way that makes sense. For example, you can draft the list in chronological order, with your most recent article listed first.

You might also want to organize articles by subject matter, if that makes it easier to understand what you have published.

Try to get a copy of the articles, also. When you testify, a lawyer can ask you about prior publications, so you will need to review them before testifying in court.

2

Write a CV or resume. You should create a resume or CV that you can show to potential clients.[9] If you are hired, you will also have to provide it to opposing counsel and to the judge. An expert witness CV should contain the following:[10]

current employment

previous, relevant employment

education (school, degree, year graduated)

training or certificates

organizations you belong to

list of publications

professional presentations, such as at a conference or panel discussion

awards

prior testimony (identify the court, year, party you testified for, and the type of case)

languages that you speak

3

Determine your hourly rate. You want a rate that is competitive but that is appropriate for an expert in your field. Generally, experts can charge $150-1,000 an hour and up.[11]

If you have no idea how much to charge, you can ask other experts how much they charge an hour. Compare their experience to yours and adjust the fee accordingly.

Don’t set your fee too low. As an expert, you are competing based on your reputation, and the amount you charge contributes to your reputation.[12] If your fee is too low, then you are signaling to clients that you aren’t much of an expert.

4

Draft a fee agreement. If you work with an agency, then they should have a fee agreement you can use. However, if you are going solo, then you will need to draft one. Your fee agreement should contain the following information at a minimum:[13]

your name and the name of the attorney hiring you

an engagement fee (this is like an advance)

hourly rate

how you will bill (e.g., in ten-minute or fifteen-minute increments)

fee rate for preparing exhibits

a list of expenses you want to be reimbursed for

how often you will issue bills (such as once a month)

a statement that the attorney is responsible for paying you

signature lines for both you and the attorney

5

Settle on a geographic area. Expert witnesses at the top of their fields can travel the country because they are in demand everywhere. However, most experts settle on their home state and any nearby states, especially when starting out.[14] Identify the geographic area you want to practice in.

6

Contact lawyers. Once you’ve created a CV and settled on a fee, you can begin contacting lawyers, who are your primary clients.[15] You should probably create a flyer or handout and send it in the mail. Alternately, you could send a PDF of the flyer as an email attachment.

Make sure to have business cards created especially for your work as an expert witness. Many people start as expert witnesses part-time while still doing their other work, so it is important to distinguish your expert witness work.

7

Check if your state needs experts. Some states hire experts to review cases. For example, the Florida Board of Medicine hires experts to review cases and identify medical malpractice, which the Board will then investigate. They allow you to choose between paid contract work or pro bono work.[16]

8

Join an agency. There are agencies that maintain rosters of expert witnesses. When lawyers are looking for an expert, they will often reach out to these agencies. If you are interested in working with an agency, then you should contact them and ask for more information.

Some of the more common agencies include Thomson Reuters and the ForensisGroup.[17][18]

Part 3

Acting as an Expert Witness

1

Analyze the case. Often, lawyers contact experts to get an opinion about the case. In this situation, you are a “consulting expert.”[19] For example, the lawyer might not know whether their client has a solid claim against the defendant. You will analyze the evidence that the lawyer has and then offer an opinion.

Make sure to perform a thorough and independent investigation. Don’t rely on the lawyer’s summary of the evidence. Remember that lawyers are advocates and they might put facts in a certain light to benefit their client.[20] However, you must remain objective.

If you find that the attorney is not forthcoming with documents, then you should question whether you should act as an expert for this client.

2

Write an expert witness report. This is often a critical part of the case, and you will work closely with the lawyer to draft it. The focus of the report will depend on whether you are an expert for the plaintiff or defendant. However, both kinds of reports have similar information on your experience, qualifications, compensation, and prior court testimony.[21]

A plaintiff’s report will address legally important issues at stake in the lawsuit, which you will identify by talking to the lawyer. The lawyer should also tell you what not to address. For example, in a medical malpractice case, you might be addressing the decisions the doctor made and whether those choices met the appropriate standard of care.

A defense report will respond to the plaintiff’s expert report. You will be focused on explaining why the plaintiff’s expert is wrong in their analysis or conclusions.

The attorney should review the report for completeness and for style. However, the attorney should not try to get you to change your opinions.

3

Sit for a deposition. “Testifying experts” also give depositions.[22] In a deposition, you answer a lawyer’s questions under oath with a court reporter present who records the questions and answers. Depositions are usually held in a lawyer’s office and they serve two primary purposes:

One purpose is to uncover helpful information. Depositions are a good way for the other side to probe your thinking and ask questions about your expertise.

Another purpose is to get you on record in case there is a trial. At trial, opposing counsel can confront you with your deposition testimony if you change what you are saying.

4

Testify at a trial. Testifying experts also testify at trials, although trials are pretty rare. (Over 90% of lawsuits settle before trial). The lawyer should prepare you for the testimony by meeting with you in their office and going over the questions they will ask. You should also practice cross-examination from the other side’s lawyer. To be an effective expert witness, you should remember the following:[23]

Always be truthful. Opposing counsel might not be an expert, but they probably retained their own expert who has briefed them on how to cross-examine you. Don’t make claims that you can’t back up with evidence.

Stay within your area of expertise. Don’t begin offering opinions on side issues which you aren’t familiar with.

Remain calm. You need to be able to roll with the punches. Being examined in court can be stressful, but it should be something you like—otherwise you shouldn’t be an expert witness.

5

Keep careful track of hours and expenses. You can protect your reputation by billing carefully and honestly. In addition to being paid an hourly fee, you can usually be reimbursed for expenses. If you want to be reimbursed, make sure that you state so in your fee agreement.[24] You can often be reimbursed for the following expenses:

copying charges

mailing costs

travel

overnight accommodations

meals

telephone calls

6

Maintain a list of all cases you work on. As an expert, you always need to report all of the cases that you have worked on as an expert. For this reason, keep detailed records of every case you work and update your CV accordingly.[25]